Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
April 27 - May 1, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
4-27 OPP 82,098 Penguin Books
CANC 19,780 Ltd. v. Rainer
Eberhard dba
Penguin
Computer
Consultants
4-29 CANC 19,291 Metro Traffic
(On Control, Inc. v.
Remand Shadow Network,
from Fed. Inc. and
Cir.) CitiTraffic Corp.
4-29 EX 74/580,166 Tempo G
4-29 EX 74/695,068 Burlington Coat
Factory
Warehouse Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); whether Opposition PENGUIN penguin design
the goods in Sustained; (and design) [computer programs
one of op- Petition for [books]; PENGUIN and instruction
poser's Partial Can- [pre-recorded com- manuals therefor
pleaded reg- cellation puter programs] sold together as a
istrations (i.e., Sec. [It is the latter unit for main-
should be 18 restric- registration which tenance manage-
restricted tion) Denied is the object of ment]
under Section the petition for
18 partial cancella-
tion (Section 18
restriction).]
2(d) Petition to "SHADOW TRAFFIC" "SHADOW TRAFFIC"
[priority]; Cancel [radio broadcast- [radio broadcast-
fraud; af- Granted ing of traffic and ing of traffic and
firmative transit informa- transit informa-
defenses of tion] tion]
laches, un-
clean hands,
etc.
2(e)(1) Refusal "GEL-TAPE"
Affirmed [flexible pressure
sensitive adhesive
base carrier tape
for automatic
handling of raw
wafer dies and
other surface-
mount components]
2(d) Refusal "AQUA TOGS"
Affirmed [rainwear and
outerwear, namely,
jackets, coats,
overcoats, top
coats, carcoats,
parkas, ski
jackets, and wind
breakers]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
No
"AQUA GEAR" No
(and design)
[footwear and
clothing, namely,
jackets, t-shirts,
shorts, wet suits, etc.]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION